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Blair Cottrell outside the Melbourne Magistrates Court in 2017..Credit:Eddie Jim

Following the September 2017 Magistrates Court decision that the trio had"crossed the line",Cottrell made an immediate bid for appeal.

In February his application to fight for free speech in the High Court was rejected,after arguing he was charged with an invalid law under the Australian constitution.

He then made moves to take the matter to the Supreme Court of Victoria,via its Court of Appeal.

He argued the matter was at odds with Victoria's Charter of Human Rights and Responsibilities,which permits freedom of thought,conscience,religious belief and expression.

Cottrell's lawyer John Bolton argued section 25 of the charter – Victoria's Racial and Religious Tolerance Act 2001 – impermissibly burdened the freedom to communicate.

County Court Judge Lisa Hannan on Tuesday dismissed the application,saying there were factual matters still to be decided – such as Cottrell's intentions in making the video – before the case went to a higher court.

She said her court was adequately equipped to deal with the matter,and referring it on at this stage would only"fragment"the case.

Judge Hannan accepted the matter was important to Cottrell and could potentially be an issue of significance to the community,but the case was neither"novel nor complex".

She said there was no efficiency to be gained by referring the matter upward rather than deal with it in"the usual way".

Cottrell was not in court for the decision.

In September 2017,he and supporters Neil Erikson and Christopher Neil Shortis were convicted and fined $2000 each,the first convictions under the Racial and Religious Tolerance Act.

The County Court appeal has been set down for a 10-day hearing,starting August 8.

AAP

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